Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment Determination 2006 (No. 1) (Cth)

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Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment Determination 2006 (No. 1)

Diplomatic Privileges and Immunities Act 1967

I, ALEXANDER JOHN GOSSE DOWNER, Minister for Foreign Affairs, make this Determination under section 10B of the Diplomatic Privileges and Immunities Act 1967.

Dated 10 May 2006

ALEXANDER DOWNER

Minister for Foreign Affairs


Contents

1Name of Determination   2

2Commencement   2

3Amendment of Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000   3

Schedule 1Amendment taken to have commenced on 1 April 2004                   4

Schedule 2Amendment taken to have commenced on 14 April 2004                 5

Schedule 3Amendment taken to have commenced on 2 August 2004                7

Schedule 4Amendment taken to have commenced on 5 December 2004          8

Schedule 5Amendment taken to have commenced on 17 February 2005           9

Schedule 6Amendment taken to have commenced on 18 February 2005         10

Schedule 7Amendments taken to have commenced on 27 May 2005               11

Schedule 8Amendment taken to have commenced on 1 July 2005                  12

Schedule 9Amendment taken to have commenced on 12 July 2005                 13

Schedule 10          Amendment taken to have commenced on 1 August 2005              14

Schedule 11Amendment taken to have commenced on 27 September 2005      15

Schedule 12Amendment taken to have commenced on 1 October 2005            16

Schedule 13Amendment taken to have commenced on 8 October 2005            17

Schedule 14Amendments commencing on the day after registration                 18


  1. Name of Determination

This Determination is the Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment Determination 2006 (No. 1).

  1. Commencement

This Determination commences, or is taken to have commenced, as follows:

(a)    1 April 2004 — sections 1 to 3 and Schedule 1;

(b)    14 April 2004 — Schedule 2;

(c)    2 August 2004 — Schedule 3;

(d)    5 December 2004 — Schedule 4;

(e)    17 February 2005 — Schedule 5;

(f)    18 February 2005 — Schedule 6;

(g)    27 May 2005 — Schedule 7;

(h)    1 July 2005 — Schedule 8;

(i)    12 July 2005 — Schedule 9;

(j)    1 August 2005 — Schedule 10;

(k)    27 September 2005 — Schedule 11;

(l)    1 October 2005 — Schedule 12;

(m)    8 October 2005 — Schedule 13;

(n)    on the day after registration — Schedule 14.

  1. Amendment of Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000

(1)   Schedules 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 amend the Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000.

(2)   Schedule 3 amends the Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000, as amended by the Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment Determination 2005 (No. 1).


Schedule 1        Amendment taken to have commenced on 1 April 2004

(section 3)

[1]           Schedule 1, item 68

substitute

68 Switzerland A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

   (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle

Schedule 2        Amendments taken to have commenced on 14 April 2004

(section 3)

[1]           Schedule 1, after item 68

insert

68A Syria A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

   (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle

[2]           Further amendments — ‘Australian-manufactured’

The following provisions are amended by omitting ‘locally-manufactured’ and inserting ‘Australian-manufactured’:

·     paragraph 6 (2) (d)

·     paragraph 6 (2) (e)

·     Schedule 1, item 1A

·     Schedule 1, subitem 6.1

·     Schedule 1, subitem 6.2

·     Schedule 1, item 8

·     Schedule 1, item 10

·     Schedule 1, item 16A

·     Schedule 1, item 18

·     Schedule 1, item 18A

·     Schedule 1, item 20

·     Schedule 1, subitem 22.1

·     Schedule 1, subitem 22.2

·     Schedule 1, subitem 28.1

·     Schedule 1, subitem 28.2

·     Schedule 1, item 32

·     Schedule 1, subitem 40.1

·     Schedule 1, subitem 40.2

·     Schedule 1, subitem 41.1

·     Schedule 1, subitem 41.2

·     Schedule 1, subitem 43.1

·     Schedule 1, subitem 43.2

·     Schedule 1, item 45

·     Schedule 1, item 47

·     Schedule 1, item 55

·     Schedule 1, item 58

·     Schedule 1, item 60

·     Schedule 1, item 61

·     Schedule 1, subitem 64.2

·     Schedule 1, subitem 69.2

·     Schedule 1, subitem 72.2

·     Schedule 1, item 74

·     Schedule 1, subitem 76.1

·     Schedule 1, subitem 76.2

·     Schedule 1, item 78.

Schedule 3        Amendment taken to have commenced on 2 August 2004

(section 3)

[1]           Schedule 1, item 60

substitute

60 Singapore A member of the diplomatic staff, for personal use

The concession is limited to:

   (a)  Australian-manufactured motor vehicles; and

   (b)  goods covered by paragraph 6 (1) (b); and

   (c)  alcohol and tobacco covered by paragraph 6 (1) (ba)

Schedule 4        Amendment taken to have commenced on 5 December 2004

(section 3)

[1]           Schedule 1, after item 1A

insert

1B

Algeria

Note   There are no exceptions to the standard package of concessions for this country.

Schedule 5        Amendment taken to have commenced on 17 February 2005

(section 3)

[1]           Schedule 1, after item 21

insert

21A

Former Yugoslav Republic of Macedonia

Note   There are no exceptions to the standard package of concessions for this country.

Schedule 6        Amendment taken to have commenced on 18 February 2005

(section 3)

[1]           Schedule 1, after item 70

insert

70AA

Uganda

Note   There are no exceptions to the standard package of concessions for this country.

Schedule 7        Amendments taken to have commenced on 27 May 2005

(section 3)

[1]           Schedule 1, item 14, including subitems 14.1 and 14.2

substitute

14

Cyprus

Note   There are no exceptions to the standard package of concessions for this country.

[2]           Schedule 1, item 35

substitute

35

Jordan

Note   There are no exceptions to the standard package of concessions for this country.

Schedule 8        Amendment taken to have commenced on 1 July 2005

(section 3)

[1]           Schedule 1, item 38

substitute

38 Kuwait A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

   (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle

Schedule 9        Amendment taken to have commenced on 12 July 2005

(section 3)

[1]           Schedule 1, item 51

substitute

51

Papua New Guinea

Note   There are no exceptions to the standard package of concessions for this country.

Schedule 10      Amendment taken to have commenced on 1 August 2005

(section 3)

[1]           Schedule 1, item 52, including subitems 52.1 and 52.2

substitute

52 Peru Any person, for the official use of the mission or a member of the diplomatic staff, for personal use The concession provided under subparagraph 6 (1) (a) (i) is limited to household goods, motor vehicles and wine.

Schedule 11      Amendment taken to have commenced on 27 September 2005

(section 3)

[1]           Schedule 1, item 33

substitute

33 Italy A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

   (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle

Schedule 12      Amendment taken to have commenced on 1 October 2005

(section 3)

[1]           Schedule 1, after item 44

insert

44A

Morocco

Note   There are no exceptions to the standard package of concessions for this country.

Schedule 13      Amendment taken to have commenced on 8 October 2005

(section 3)

[1]           Schedule 1, after item 23

insert

23A Ghana A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

   (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle

Schedule 14      Amendments commencing on the day after registration

(section 3)

[1]           Schedule 1, item 50, including subitems 50.1 and 50.2

substitute

50 Pakistan
50.1 Any person, for the official use of the mission

The concession is limited to:

   (a)  furniture, wine and other household goods; and

   (b)  Australian-manufactured motor vehicles; and

   (c)  telecommunications services; and

   (d)  goods covered by paragraph 6 (1) (b); and

   (e)  alcohol and tobacco covered by paragraph 6 (1) (ba)

50.2 A member of the diplomatic staff, for personal use

The concession is limited to:

   (a)  furniture, wine and other household goods; and

   (b)  Australian-manufactured motor vehicles; and

   (c)  goods covered by paragraph 6 (1) (b); and

   (d)  alcohol and tobacco covered by paragraph 6 (1) (ba)

[2]           Schedule 1, item 59A, including 59A.1 and 59A.2

substitute

59A Serbia and Montenegro A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

   (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle


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